Sri. Vijay Milton v. Sri. Krishna Sarthak
Case brief
What is this about?
Karnataka HC (DB) Review Petition No. 8 of 2026 in Commercial Appeal No.304/2025; NC: 2026:KHC:4461-DB; decided 28.01.2026; Vibhu Bakhru, CJ and C.M. Poonacha, J (order per Poonacha, J.). Review/recall under S.114 r/w Order XLVII Rule 1 CPC of judgment dated 09.12.2025 in COMAP No.304/2025 (arbitration appeal, S. 37 A&C Act 1996) which relied on Lalitkumar V. Sanghavi (2014) 7 SCC 255; ground: subsequent SC judgment Harshbir Singh Pannu & Anr. v. Jaswinder Singh dated 08.12.2025 (Civil Appeal No.14630/2025; 2025 SCC Online SC 2742) noting the Lalitkumar judgment. Result: petition allowed, order reviewed/recalled, commercial appeal restored for fresh adjudication, listed 16.02.2026. Petitioner: Sri Vijay Milton (adv. Veerabhadraiah M.); Respondent: Sri Krishna Sarthak (adv. Raghunatha K.).
What did the court decide?
Review petition allowed; order/judgment dated 09.12.2025 in COMAP No.304/2025 reviewed and recalled; Commercial Appeal No.304/2025 restored to file and directed to be adjudicated afresh, listed for 16.02.2026.